It is unlawful for the parents, guardians, or other persons having legal care of minor children under the age of eighteen years to allow or permit such minor children to loiter, or be upon or frequent the streets, alleys or other public places in the city, between the hours of twelve midnight and the time of sunrise as determined by the U.S. Weather Bureau unless such minor child’s presence upon the streets, alleys or other public places is a result of his employment, legal errands, emergency, or any lawful business whatsoever. The same restrictions and prohibitions recited herein shall apply to children under the age of sixteen except that the prohibited time shall be from 11:30 p.m. to the time of sunrise as determined by the U.S. Weather Bureau.

(Ord. 833; Code 2016)

Any person who, within the corporate limits of the City of Wellsville, urinates or defecates upon any highway, street, alley or upon the premises of any public place or building or upon private property in open view of any person, when the same has not been designated or designed as a place for urination or defecation, shall be guilty of a misdemeanor punishable by a fine of not more than 500 or imprisonment for not more than 30 days, or both such fine and imprisonment.

(Ord. 809; Code 2016)

These regulations are enacted to protect, preserve and promote the health, safety, welfare, peace and quiet for the citizens of the City of Wellsville through the reduction, control and prevention of noise. It is the intent of these regulations to establish standards that will eliminate and reduce unnecessary and excessive noise, which are physically harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and conduct of business.

(Ord. 737; Code 2016)

The following words and phrases when used in this article shall, have the meanings respectively ascribed to them in this section unless otherwise defined in the text of the section:

(a)   Commercial Area – property zoned C-1, C-2, O-1, RUR (if use of the property is commercial in nature), P-D (if use of the property is commercial in nature), R-H (if use of the property is commercial in nature), property operating under a special use permit for a commercial use, or property upon which a legal non-conforming commercial use is operating.

(b)   dB(A) – A-weighted sound level measured in decibels by a general purpose, properly, calibrated, sound level meter.

(c)   Emergency Motor Vehicle – a motor vehicle belonging to a fire department, fire district or certified private volunteer firefighter or firefighting association, partnership or corporation, an ambulance, or a motor vehicle belonging to a federal, state, county or municipal law enforcement agency, provided such vehicle is being used as an emergency vehicle by one authorized to use such vehicle for that purpose.

(d)   Industrial Area – property zoned M-1, M-2, P-D (if use of the property is industrial in nature), R-H (if use of the property is industrial in nature), property operating under a special use permit for an industrial use, or property upon which a legal non-conforming industrial use is operating.

(e)   Plainly Audible – capable of being heard. It is not necessary to distinguish words or melodies. A plainly audible sound may consist of bass alone.

(f)   Property Owner – the named property owner as indicated by the records of the Register of Deeds or Appraiser’s Office in Franklin County.

(g)   Residential Area – property zoned R-O, R-1, R-2, R-3, RUR (if the use is residential), P-D (if use of the property is residential), R-H (if use of the property is residential) or property upon which a legal non-conforming residential use is operating.

(h)   Sound Amplification or Producing Device or Similar Equipment – shall mean radio, radio receiving set, television, phonograph, stereo, tape player, cassette player, compact disc player, “boom box,” loudspeaker, drum, juke box, nickelodeon, musical instrument, sound amplifier or other device which produces, reproduces or amplifies sound.

(i)    Tenant – any person who has an interest in real property either by oral or written lease or covenant.

(Ord. 737; Code 2016)

It shall be unlawful to make or cause to be made a Noise Disturbance within the City. A Noise Disturbance shall include any or all of the following:

(a)   A sound registered on a decibel meter from any source not exempted or otherwise regulated by this article and which, when measured at or within the property boundary of the land area receiving the noise, is in excess of the dB(A) established for the time period and receiving land areas listed below:

RECEIVING LAND AREA             7:00 a.m. – 10:00 p.m.                 10:00 p.m. – 7:00 a.m.

Residential                                       55 dB(A)                                     50 dB(A)

Commercial                                     65 dB(A)                                     60 dB(A)

Industrial                                         80 dB(A)                                     75 dB(A)

(b)   The owning, keeping or harboring of any animal that continuously, repeatedly, or persistently for 30 minutes or more, without provocation by the complainant, creates a sound which is Plainly Audible across any property boundary line.

(c)   A sound resulting from the erecting, constructing, excavating, demolishing, altering or repairing of any structure, or operating, or permitting the operation of any tools or equipment used in construction, drilling, or demolition work in such a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 10:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 10:00 p.m., this activity shall not be subject to the time, area and dB(A) limits set forth in subsection (a).

(d)   The repairing, rebuilding, modifying or stationary testing of any motor vehicle, motorcycle, or motorboat in such a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 10:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 10:00 p.m., this activity shall not be subject to the time, area and dB(A) limits set forth in subsection (a).

(e)   The operating or occupancy of a vehicle, which is moving or stationary, standing or parked, whether persons are seated in the vehicle or not, from which any Sound Amplification or Producing Device or Similar Equipment is creating a sound that is Plainly Audible at least 50 feet from the source of the sound. A violation of this subsection shall be a traffic offense.

(f)   The operation of any power tool, garden tool, lawnmower, snow blower or other similar equipment or device in Residential Areas in such a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 10:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 10:00 p.m., this activity shall not be subject to the time, area and dB(A) limits set forth in subsection (a).

(g)   The operating, playing, permitting or causing to be operated or played any Sound Amplification or Producing Device or Similar Equipment in a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 12:00 a.m. (midnight) and 6:00 a.m. Between the hours of 6:00 a.m. and 12:00 a.m. (midnight), this activity is subject to the area and dB(A) limits set forth in subsection (a) above.

(Ord. 737; Code 2016)

(a)   It is unlawful for any Property Owner or Tenant, or other person with control, occupancy, or possession of residential property, to allow or permit a person or group of persons to create a Noise Disturbance, as defined by these regulations on said property.

(b)   The Property Owner, Tenant or other such person with control, occupancy, or possession of property, shall be responsible for abatement of Noise Disturbances occurring on that property and failure to do so shall be a violation of these noise regulations.

(Ord. 737; Code 2016)

The following shall not be considered a Noise Disturbance for the purposes of these noise regulations:

(a)   Sound from law enforcement motor vehicles and other Emergency Motor Vehicles including, but not limited to, snow-clearing equipment.

(b)   Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies or utilities engaged in preparing for or remedying a potentially hazardous situation.

(c)   Sound from vehicles or equipment, being used by or for the city state, county, federal government, school or other governmental agencies or utilities engaged in a project that cannot reasonably be completed under the noise restrictions contained in these regulations.

(d)   Sound that a person or entity is making or causing to be made when said person or entity has received and maintains a valid license or permit which specifically allows sound levels in excess of those set forth in these regulations from any department, board, council, or commission of the City authorized to issue such license or permit. When any such permits or licenses are issued, the City Clerk shall provide the City’s law enforcement with copies of the same.

(Ord. 737; Code 2016)

(a)   Upon a first conviction for a violation of this article, the Court shall assess a fine of no less than $50. Upon a second conviction, the Court shall assess a fine of no less than $150. Upon a third or subsequent conviction, the Court shall assess a fine of no less than $250. No prior conviction shall be considered in determining the penalty to be assessed if 24 months have elapsed between the date of the violation and the date of the conviction next immediately preceding the sentencing date.

(b)   No person shall be eligible for a parole, suspension or reduction of any part of said fine except that that portion of any fine or conviction of fines that exceeds $200 assessed from the same set of operative facts may be suspended for 12 months on the condition the violator have no further violations of section 11-206 during that period. In addition to any such fine imposed, the Court may impose a jail term of up to 6 months.

(c)   Each occurrence of a violation, or in the case of a continuous violation, each day a violation occurs or continues, constitutes a separate offense and shall be punishable as such hereunder.

(Ord. 737; Code 2016)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Controlled substance means any drugs, substance or immediate precursor included in any of the schedules designated in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments thereto.

Deliver or delivery means actual, constructive or attempted transfer from one person to another, whether or not there is an agency relationship.

Drug paraphernalia means all equipment, products and materials of any kind which are used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Substances Act. “Drug paraphernalia” shall include, but is not limited to:

(a)   Kits used or intended for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.

(b)   Kits used or intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.

(c)   Isomerization devices used or intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

(d)   Testing equipment used or intended for use in increasing the potency of any species of plant which is a controlled substance.

(e)   Scales and balances used or intended for use in weighing or measuring controlled substances.

(f)   Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, which are used or intended for use in cutting controlled substances.

(g)   Separation gins and sifters used or intended for use in removing twigs and seeds from or otherwise cleaning or refining marijuana.

(h)   Blenders, bowls, containers, spoons and mixing devices used or intended for use in compounding controlled substances.

(i)    Capsules, balloons, envelopes and other containers used or intended for use in packaging small quantities of controlled substances.

(j)    Containers and other objects used or intended for use in storing or concealing controlled substances.

(k)   Hypodermic syringes, needles and other objects used or intended for use in storing or concealing controlled substances.

(l)    Objects used or intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:

(1)   Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls.

(2)   Water pipes.

(3)   Carburation tubes and devices.

(4)   Smoking and carburation masks.

(5)   Roach clips (objects used to hold burning material, such as marijuana cigarette, that has become too small or too short to be held in the hand.)

(6)   Miniature cocaine spoons and cocaine vials.

(7)   Chamber pots.

(8)   Carburation pipes.

(9)   Electric pipes.

(10) Air-driven pipes.

(11) Chillums.

(12) Bongs.

(13) Ice pipes or chillers.

Elements, compounds or combinations of both elements and compounds means any material in a liquid, solid or gaseous state, which contains one or more of the following chemical materials:

(a)   Hydrocarbons, including but not limited to propane, benzene, toluene.

(b)   Alcohols, including but not limited to methyl, ethyl, isopropyl, and butyl.

(c)   Volatile ethers, including but not limited to ethyl, acetate, butyl acetate, amyl acetate.

(d)   Ketones, including but not limited to acetone, methyl ethyl ketone, methyl isobutyl ketone.

(e)   Halogenated hydrocarbons, including but not limited to chloroform, ethylene dichloride, Freon.

(f)   Halogenated derivatives of hydrocarbons, including but not limited to pentachlorophenol.

(g)   Ethers, including but not limited to ethyl ethers; and any elements, compounds or combination of both elements and compounds producing a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of the brain or nervous system.

Marijuana means all parts of the plant Cannabis Sativa L, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, and every compound, derivative, mixture or preparation of the plant, its seeds or resin.

Noxious fumes means those fumes which may be intentionally inhaled or smelled to produce a condition of intoxication, hallucination, inebriation, excitement, stupefaction or the dulling of the brain or nervous system, other than those used by authorized medical personnel for medical or dental purposes.

Simulated controlled substance means any product which identifies itself by a common name or slang term associated with a controlled substance and which indicates on its label or accompanying promotional material that the product simulates the effect of a controlled substance.

(Ord. 656; Code 2016)

In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

(a)   Statements by an owner or person in control of the object concerning its use.

(b)   Prior convictions, if any, of an owner or person in control of the object, under any local, state or federal law relating to any controlled substance.

(c)   The proximity of the object, in time and space, to a direct violation of the state Uniform Controlled Substances Act.

(d)   The proximity of the object to controlled substances.

(e)   The existence of any residue of controlled substances on the object.

(f)   Direct or circumstantial evidence of the intent of an owner or person in control of the object to deliver it to a person that the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of the Uniform Controlled Substances Act. The innocence of an owner or person in control of the object as to a direct violation of the Uniform Controlled Substances Act shall not prevent a finding that the object is intended for use as drug paraphernalia.

(g)   Oral or written instructions provided with an object concerning its use.

(h)   Descriptive materials accompanying the object which explain or depict it use.

(i)    National and local advertising concerning the object’s use.

(j)    The manner in which the object is displaying for sale.

(k)   Whether the owner or person in control of the object is a legitimate supplier of similar or related items to the community, such as a distributor or dealer of tobacco products.

(l)    Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

(m)  The existence and scope of legitimate uses for the object in the community.

(n)   Expert testimony concerning the object’s use.

(Ord. 656; Code 2103)

No person shall use or possess with intent to use:

(a)   Any simulated controlled substance; or

(b)   Any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act.

(Ord. 656; Code 2016)

No person shall deliver, possess with intent to deliver, manufacture with intent to deliver or cause to be delivered within this city:

(a)   Any simulated controlled substance; or

(b)   Any drug paraphernalia; knowing or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act.

(Ord. 656; Code 2016)

(a)   No person shall knowingly deliver or cause to be delivered in this city any substance which is not a controlled substance:

(1)   Upon an express representation that the substance is a controlled substance or that the substance is of such nature or appearance that the recipient will be able to distribute the substance as a controlled substance; or

(2)   Under circumstances which would give a reasonable person reason to believe that the substance is a controlled substance.

(b)   If any one of the following factors is established, there shall be a presumption that delivery of a substance was under circumstances which would give a reasonable person reason to believe that a substance is a controlled substance:

(1)   The substance was packaged in a manner normally used for the illegal delivery of controlled substances.

(2)   The delivery of the substance included an exchange of or demand for money or other consideration for delivery of the substance, and the amount of the consideration was substantially in excess of the reasonable value of the substance.

(3)   The physical appearance of the capsule or other material containing the substance is substantially identical to a specific controlled substance.

(Ord. 656; Code 2016)

(a)   All drug paraphernalia and simulated controlled substances are subject to forfeiture as provided in this section.

(b)   Property subject to forfeiture under this section may be seized by any law enforcement officer upon process issued by any district court having jurisdiction over the property.

(c)   In the event of seizure pursuant to subsection (b), proceedings under subsection (d) shall be instituted promptly.

(d)   Property taken or detained under this section shall not be subject to replevin, but will be deemed to be in the custody of the law enforcement agency seizing it, subject only to the orders of the court having jurisdiction over the forfeiture proceedings. When property is seized under this section, the law enforcement agency seizing it may:

(1)   Place the property under seal;

(2)   Remove the property to a place designated by it;

(3)   Require the state Board of Pharmacy to take custody of the property and remove it to an appropriate location for disposition in accordance with law.

(e)   When property is forfeited under this section, the law enforcement agency having custody of it may:

(1)   Retain it for official use;

(2)   Sell that which is not required to be destroyed by law and which is not harmful to the public, with the proceeds to be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs;

(3)   Transfer it for medical or scientific use to any state agency;

(4)   Take custody of the property and remove it to an appropriate location for disposition in accordance with law; or

(5)   Forward it to the Kansas Bureau of Investigation for disposition.

(Ord. 656; Code 2016)

It is unlawful for any person to smell, inhale or ingest marijuana or the noxious fumes of elements, compounds or combinations of both elements and compounds defined in Section 11-209.

(Ord. 656; Code 2103)

It is unlawful for any person to possess marijuana or possess those elements, compounds or combinations of both elements and compounds defined in Section 11-209 for the purpose of smelling, inhaling, or ingesting noxious fumes therefrom.

(Ord. 656; Code 2016)

A violation of any of the provisions of Sections 11-209 through 11-216 of this article is a class A misdemeanor.

(Ord. 656; Code 2016)

(a)   For the purposes of sentencing, the following classes of misdemeanors and the punishment and the terms of confinement authorized for each class are established as follows:

(1)   Class A, the sentence for which shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed one year.

(2)   Class B, the sentence for which shall be a definite term of confinement in the city or county jail which shall be fixed by the court and shall not exceed six months.

(3)   Class C, the sentence for which shall be a definite term of confinement in the county jail which shall be fixed by the court and shall not exceed one month.

(4)   Unclassified misdemeanors, which shall include all offenses declared to be misdemeanors without specification as to class, the sentence for which shall be in accordance with the sentence specified in the section that defines the offense; if no penalty is specifically provided, the sentence shall be the same penalty as provided in this section for a class C misdemeanor.

(b)   Upon conviction of a misdemeanor a person may be punished by a fine, as provided in Section 11-219, instead of or in addition to confinement, as provided in this section.

(c)   In addition to or in lieu of any other sentence authorized by law, whenever there is evidence that the act constituting the misdemeanor was substantially related to the possession, use or ingestion of cereal malt beverage or alcoholic liquor by such person, the court may order such person to attend and satisfactorily complete an alcohol or drug education or training program.

(Ord. 656; Code 2016)

A person convicted of a misdemeanor may, in addition to or instead of the confinement authorized by law, be sentenced to pay a fine, which shall be fixed by the court as follows:

(a)   Class A misdemeanor, a sum not exceeding $2,500.

(b)   Class B misdemeanor, a sum not exceeding $1,000.

(c)   Class C misdemeanor, a sum not exceeding $500.

(d)   Unclassified misdemeanor, any sum authorized by the section that defines the offense. If no penalty is specifically provided, the fine shall not exceed that fine provided in this section for a class C misdemeanor.

(Ord. 656; Code 2016)

If any provision of this article is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the article and the applicability thereof to other persons and circumstances shall not be affected thereby.

(Ord. 656; Code 2016)